Global debt recovery

katep_3

Had a letter from Global debt recovery chasing me for I debt I occured on my old student bank account with HSBC- it was years ago and closed around 2000. Debt was mainly overdraft and charges amounting to around £1200.

I made payments to Moorcroft for a couple of years at £10 month then these stopped and over the years every now and again I get a letter from a new company asking for the money. The last one was from Westcot I think-I explained to them that the debt was from when I was a student, a good few hundred pounds of it was charges and asked for paperwork etc-records of the payments I had made to Moorcroft. I never heard back from them.

Now I have got this letter- I didn't want another ccj as 2 I have are about to drop off and I am just getting my self sorted so I wrote to them and offered £10 per month and made a £10 payment. I also asked for all the old paperwork etc and told them not to call me by telephone and that I would only deal with them by post.

That was a couple of weeks ago and I haven't heard anything. They also only have my old address-my parents-so all letters have gone there. There is no way I'm giving them my new one!

Just wondering if anyone knows anything about them or thinks they will pursue this. This debt was from when I was an immature student with no experience of managing my finances living away from home-I had to leave uni because of my financial situation which hasn't helped my earnings! I can't afford to pay it back.

RAS

Hi

If you wrote to them within the last 6 years, then you have ackowledged the debt, so cannot use the statute barred route.

You should however demand the Consumer Credit Agreement and letter of assignment plus a statement of account. With luck, they will not be able to produce it and then even the fact that you have paid it should stop them in their tracks. Will post back with the info shortly.

katep_3

Thanks-that what I was hoping.

RAS

Here is crowns letter. Delete the last para if they have not threatened door step collection.

Also have a look at this thread to see someone else working this out.

http://forums.moneysavingexpert.com/showthread.html?t=492738&highlight=kurjam

Best of luck


If a debt collecting agency is chasing you send them this:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of "insert your address", will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf